AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00061	
					
SUMMARY:  The applicant was discharged on 12 February 2020 in accordance with AFI 36-3208 with a General discharge for Misconduct (Minor Infractions).  The applicant appealed for an upgrade of the discharge characterization.

The applicant was not represented by counsel.    

The applicant requested the board be completed based on a records only review.

The attached examiner’s brief (provided to applicant only), extracted from available service records, contains pertinent data regarding the circumstances and character of the applicant’s military service. 

DISCUSSION:  The DRB, under its responsibility to examine the propriety and equity of an applicant’s discharge, is authorized to change the characterization of service and the narrative reason for discharge if such changes are warranted.  If applicable, the board can also change the applicant’s reenlistment eligibility code.  In reviewing discharges, the board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the applicant.  The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent standards of equity and propriety.  

The applicant’s record of service included an Article 15 and multiple Letters of Reprimand and Counseling.  The misconduct included:  failure to go, false statements, dereliction of duty, and drunk on duty.  

The applicant contended he resorted to drinking alcohol to deal with a stressful duty environment.  His stress took a toll on his finances and his marriage and he developed an increasingly bad drinking habit.  His problems increased after return from deployment and led to his misconduct.  He further claimed that he was struggling with mental health issues and believed the military exacerbated them.  Since his discharge he has been rated by the VA for depression and anxiety and requested an upgrade to have access to educational benefits.

A review of the applicant’s record revealed he had several instances of misconduct over a short period of time.  He also missed multiple mental health and ADAPT appointments.  The applicant submitted multiple medical records for mental health visits as well as his VA disability rating documents.

LIBERAL CONSIDERATION:

Due to evidence of a mental health condition found in the applicant’s medical record, the Board considered the case based on the liberal consideration (LC) standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and 10 USC §1553.  The Board included a member who is a physician, clinical psychologist, or psychiatrist.  Specifically, the Board reviewed the four questions the Under Secretary of Defense provided that boards should consider when weighing evidence in requests for modification of discharges due in whole or in part to mental health conditions, including post-traumatic stress disorder (PTSD); Traumatic Brain Injury (TBI); sexual assault, and sexual harassment.  The Board considered the following: 

1. Did the veteran contend that a condition or experience may have excused or mitigated their misconduct or discharge?  
The applicant checked the “other mental health” box on his application.

2. Did that condition exist/experience occur during military service? 
There is evidence the applicant sought and received mental health treatment during his time in service and received the diagnosis of adjustment disorder with mixed anxiety and depression.  There is also evidence the applicant reported feeling depressed prior to entering the military.  Based on the available records, the applicant reported high levels of dissatisfaction with his job in the Air Force and indicated he did not wish to be in the military.  

3. Does that condition or experience actually excuse or mitigate the discharge? 
The applicant stated due to the fast paced environment at his duty station he resorted to drinking.  He also claimed he decided the military was not for him.  The applicant reported he drank alcohol as a way to cope with the frustration of military life.  He further claimed his mental health was overlooked during his enlistment and he still suffers with it to this date.  Based on the available evidence the applicant’s mental health condition was fully considered in collaboration with his chain of command and the mental health clinic providers during his time in service with respect to his misconduct and during his discharge process.  

Regarding the applicant’s concurrence with his VA diagnoses, the VA, operating under a different set of laws than the military, is empowered to offer compensation for any medical or mental health condition with an established nexus to military service, without regard to its impact on a member’s fitness to serve, the narrative reason for release for service, or the length of time that has transpired since the date of discharge. The VA may also conduct periodic reevaluations for the purpose of adjusting the disability rating as the level of impairment from a given condition may improve or worsen over the life of the veteran.  At the snapshot in time of the applicant’s service, there is no evidence the applicant’s mental health condition caused or mitigated the misconduct which led to his discharge.  

4. Does that condition or experience outweigh the discharge? 
Because the applicant’s discharge is not mitigated or excused, it is also not outweighed.

Additionally, the Board considered the factors laid out in the attachment to the Under Secretary of Defense memorandum, Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations, dated 25 June 2018, known as the “Wilkie Memo.”  The Board considered the factors listed in paragraphs (6)(a)-(6)(l) of this memorandum and did not find any evidence of error or impropriety.

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade the discharge characterization to Honorable.  The DRB also voted unanimously to deny changing the discharge narrative reason to Secretarial Authority and changing the reenlistment eligibility code to 2C or 3K.
 
CONCLUSION:  After a thorough review of the available evidence, to include the Applicant’s issues, summary of service, service/medical record entries, and discharge process, the Board found the discharge was proper.  Therefore, the awarded characterization of service shall remain UNDER HONORABLE CONDITIONS - (GENERAL), the narrative reason for separation shall remain MISCONDUCT (MINOR INFRACTIONS), and the reentry code shall remain 2B.  The AFDRB results were approved by the board president on 6 June 2022.  If desired, the applicant can request a list of the board members and their votes by writing to:  

Air Force Review Boards Agency
Attn: Discharge Review Board
3351 Celmers Lane
Joint Base Andrews, NAF Washington, MD 20762-6602  
Instructions on how to appeal an AFDRB decision can be found at 
https://afrbaportal.azurewebsites.us

Attachment:
Examiner's Brief (Applicant Only)